Sections marked as location-specific are showing the position in United States (General). Rules change — confirm current deadlines before relying on them.
Establishing that the work is yours
Copyright generally arises automatically when an original work is created and fixed in some form. Registration is not usually required for the right to exist, though in some countries it carries significant procedural and remedial advantages.
Ownership is the first thing that gets tested. Work created by an employee in the course of employment often belongs to the employer, and work commissioned from a contractor may not transfer automatically without a written assignment.
What counts as infringement
Infringement generally involves copying a substantial part of a protected work without permission. Substantial usually refers to importance rather than length, so a short but distinctive part can qualify.
- Reproducing the work, in whole or in significant part
- Publishing or distributing copies
- Communicating it to the public, including online
- Making an adaptation or derivative version
Copyright protects expression, not ideas, facts or methods. Two people can independently describe the same subject in similar terms without either infringing the other.
Exceptions and permitted uses+
Every system allows some unlicensed use, described variously as fair dealing, fair use or specific statutory exceptions, typically covering matters such as criticism, review, news reporting, research or parody. The boundaries differ significantly by country and are fact-specific.
The realistic range of responses
First
Capture the evidence — screenshots with dates and URLs, before anything is taken down.
Then
Consider a platform takedown notice, which is often the fastest route online.
Or
Send a letter asking for removal, credit, or a licence fee.
If needed
Consider a formal claim, weighing cost against the realistic remedy.
Remedies and time limits in the United StatesUnited States (General)
In the United States, registration with the Copyright Office is generally required before filing an infringement suit, and timely registration can open the door to statutory damages and attorney's fees. The DMCA notice-and-takedown process is widely used for online material, and civil copyright claims are generally subject to a three-year limitation period.
Documents to gather
- Original files with creation dates and metadata
- Drafts, working files or version history showing the work developing
- Any registration certificate
- Contracts, briefs or assignments dealing with ownership
- Licences you have granted to others, and their terms
- Screenshots of the infringing use, with URLs and dates
- Correspondence with the other side
Evidence that carries weight
- Dated original files that predate the infringing use
- A clear chain of ownership, including any written assignment
- Side-by-side comparison of the works
- Evidence of the infringer's commercial use or revenue
- Your standard licence rate, evidenced by past invoices
- Archived copies of the infringing page
Want both lists in one printable page?
Common mistakes
- Sending an angry demand before capturing evidence of the infringement
- Assuming a contractor's work is owned by the client without a written assignment
- Overlooking a licence granted through platform terms of service
- Claiming a large figure with no evidence of licence value or lost sales
- Sending a takedown notice that misidentifies the material or the rights
Frequently asked
Do I need to register my copyright?
Not for the right to exist in most countries, but registration can matter a great deal for remedies and proof, particularly in the United States.
They credited me. Is that enough?
Credit is not the same as permission. Attribution can be relevant to some claims but does not by itself make an unlicensed use lawful.
What if the work was used on social media?
Platform takedown or reporting processes are often the fastest remedy, and platform terms may also affect what licences were granted.
Assess my situation
Concaso turns what you already know into a structured, confidential report — strengths, weaknesses, missing evidence, and the deadlines that matter. We will start you in the right place based on this guide, in United States (General).
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This guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.